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Judicial Enforcement of the Establishment Clause
Journal Articles
  • Richard W. Garnett, Notre Dame Law School
Document Type
Publication Date
Publication Information
25 Const. Comment. 273 (2008-2009)

This paper is the author’s contribution to a roundtable conference, held in October of 2008 at Notre Dame Law School, devoted to Prof. Kent Greenawalt’s book, Religion and the Constitution: Establishment and Fairness. It is suggested that Greenawalt’s admirably context-sensitive approach to church-and-state questions might lead us to think that the best course for judges is to find (somehow) some bright-line, on-off “rules” and “tests”, constructed to identify and forbid the most obvious violations of the Religion Clause’s core (whatever that is), and to give up on -- or, perhaps, “underenforce” -- the rest.


Reprinted with permission of Constitutional Commentary.

Citation Information
Richard W. Garnett. "Judicial Enforcement of the Establishment Clause" (2008)
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